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<br />R-12-02 <br /> <br />A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN <br />AMENDMENT TO THE DECLARATION OF RESTRICTIONS BETWEEN THE <br />ECONOMIC DEVELOPMENT AUTHORITY, THE CITY, AND OTHER PARTIES <br />TERMINATING THE PROHIBITION OF FUEL SALES AT THE KROGER SHOPPING <br />CENTER SITE AT 5601 HIGH STREET. <br /> <br />WHEREAS, the Kroger Shopping Center at 5601 High Street is subject to the Amended and <br />Restated Declaration of Restrictions for Industrial Development Authority ofthe City of Portsmouth, <br />Virginia, dated May 13, 1997 ("the Declaration"), that prohibits the sale of fuel or gas sales on the <br />property; and <br /> <br />WHEREAS, in order to permit such sales, the Declaration must be amended by the parties <br />who are subject to the Declaration; and <br /> <br />WHEREAS, all of the other parties to the Declaration have indicated their approval of the <br />proposed amendment; and <br /> <br />WHEREAS, city staff has recommended approval of the proposed amendment. <br /> <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, <br />Virginia that it hereby authorizes the City Manager to execute such documents as may be required in <br />order to amend the Declaration in order to permit the sale of fuel and gas sales at the Kroger <br />Shopping Center at 5601 High Street. <br /> <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on January <br />10,2012. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br />.. ~..:::t <br />